People of Michigan v. Rassoull Omari James
331593
Mich. Ct. App.Jun 15, 2017Background
- On April 23, 2015 Brandau observed a car driven by defendant follow him on public streets, pull into Brandau’s driveway, and park behind Brandau’s vehicle. Defendant remained in his vehicle and had no apparent reason to be at the residence.
- Brandau’s wife called police; officers administered field sobriety tests to defendant, which he failed.
- Breath testing later showed defendant’s alcohol content was .32 grams per 210 liters of breath.
- Defendant was charged with OWI, MCL 257.625(1)(c), and having two or more prior similar convictions; he waived a jury and elected a bench trial.
- The circuit court convicted defendant after a bench trial and sentenced him to three years’ probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to conduct a formal arraignment on the information requires dismissal | Prosecution did not argue prejudice; arraignment rule not shown to have harmed defendant | Case must be vacated because MCR 6.113 formal arraignment never occurred | No plain error: defendant showed no prejudice and had notice of charges; no relief granted |
| Whether evidence was sufficient to prove OWI under MCL 257.625(1)(c) | Brandau’s testimony that defendant drove behind him onto public streets plus failed sobriety tests and .32 BAC suffice to prove driving while intoxicated | Evidence insufficient because defendant was found stationary in his vehicle; conviction requires proof of operating on public ways | Conviction affirmed: direct evidence defendant drove on public roads shortly before stop plus intoxication supports conviction |
Key Cases Cited
- People v. Carines, 460 Mich. 750 (1999) (plain-error standard for unpreserved appellate review)
- People v. Burton, 252 Mich. App. 130 (2002) (insufficient proof of operation where intoxicated driver found in stationary vehicle used as shelter)
- People v. Solmonson, 261 Mich. App. 657 (2004) (circumstantial evidence can support OWI when defendant likely drove while intoxicated to location where found)
- People v. Nix, 301 Mich. App. 195 (2013) (prejudice required to obtain relief for failure to hold circuit-court arraignment)
- People v. Lueth, 253 Mich. App. 670 (2002) (standard of review for sufficiency of evidence)
- People v. Kanaan, 278 Mich. App. 594 (2008) (bench-trial sufficiency review: view evidence in light most favorable to prosecution)